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Jonathan Band

   

A New Day for Website Archiving 2.0

Memorandum discussing legal issues in website archiving.

pdf band-new-day-for-archiving-2.0-23feb12.pdf

 
 

Golan v. Holder: A Farewell to Constitutional Challenges to Copyright Laws

On January 13, 2012, the Supreme Court by a 6-2 vote affirmed the Tenth Circuit decision in Golan v. Holder. The case concerned the constitutionality of the Uruguay Round Agreements Act (URAA), which restored copyright in foreign works that had entered into the public domain because the copyright owners had failed to comply with formalities such as notice; or because the U.S. did not have copyright treaties in place with the country at the time the work was created (e.g., the Soviet Union)

pdf golan_summary_06feb12.pdf

 
 

Membership Meeting 2011 (Spring): WIPO AND LIBRARIES

Presented at the 158th ARL Membership Meeting, May 2011.

pdf mm11sp-band.pdf

 
 

A Guide For the Perplexed Part IV: The Rejection of the Google Books Settlement

On March 22, 2011, Judge Denny Chin rejected the proposed settlement in copyright infringement litigation over the Google Library Project. Judge Chin found that the settlement was not "fair, reasonable, and adequate" as required by the Federal Rules of Civil Procedure. Judge Chin issued the decision over a year after the fairness hearing he conducted. His opinion agrees in large measure with the objections to the settlement asserted by the U.S. Department of Justice at the hearing and in its written submissions. This paper discusses the opinion and where it leaves Google Books Search.

pdf guide-for-perplexed-part4-apr11.pdf

 
 

GBS March Madness: Paths Forward for the Google Books Settlement

This chart attempts to diagram some of the possible paths forward following the fairness hearing on the Google Books Settlement.

pdf gbs-march-madness-diagram-final.pdf

 
   

The Impact of the Supreme Court's Decision in Costco v. Omega on Libraries

On December 13, 2010, the U.S. Supreme Court decided Costco v. Omega in a manner that eliminated none of the uncertainty caused by the lower court's ruling in that case. The U.S. Court of Appeals for the Ninth Circuit had ruled that the copyright law's "first sale doctrine" did not apply to copies manufactured abroad. This ruling cast doubt on a library's ability to circulate books and other materials manufactured outside of the United States.

pdf lca-costco-31jan11.pdf

 
 

A Guide for the Perplexed Part III: The Amended Settlement Agreement

On Friday, November 13, 2009, Google, the Authors Guild, and the Association of American Publishers filed an Amended Settlement Agreement (ASA) in the copyright infringement litigation concerning the Google Library Project. The amendments proposed by the parties are designed to address objections made by the U.S. Department of Justice and copyright holders to the original proposed settlement agreement. While many of the amendments will have little direct impact on libraries, the ASA significantly reduces the scope of the settlement because it excludes most books published outside of the United States. This paper describes the ASA's major changes, with emphasis on those changes relevant to libraries.

pdf guide-for-perplexed-part3-nov09.pdf

 
 
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